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New Jersey MS Patient Sent to Prison for Five Years for Growing His Medicine

New Jersey Multiple Sclerosis patient John Ray Wilson was sentenced last Friday to five years in prison for growing marijuana plants to ease his symptoms. Wilson, whose case we profiled in December, originally faced up to 20 years in prison, but a jury failed to convict him of the most serious, maintaining a habitation where marijuana is manufactured. He was convicted of manufacturing marijuana (17 plants) and possession of psychedelic mushrooms. Wilson was convicted in December, before New Jersey recognized medical marijuana. Ironically, it became the 14th state to do so between the time Wilson was convicted and his sentencing. But the new New Jersey law would not have protected Wilson's marijuana growing because it only allows for patients to obtain it at state-monitored dispensaries. State Superior Court Judge Robert Reed banned any references to Wilson's medical condition during his trial, finding that personal use was not a defense and that New Jersey had no law protecting medical marijuana use. Wilson was ultimately able to make a brief, one-sentence mention of his medical reasons for growing marijuana, but that wasn't enough to sway the jury. Wilson's attorney, James Wronko, told the Associated Press that the outcome might have been different had the jury been allowed to hear more about his illness. "We're disappointed that he's in state prison for smoking marijuana to treat his multiple sclerosis," Wronko . "I think anytime someone using marijuana for their own medical use goes to state prison, it's clearly a harsh sentence." Wilson's case became a cause célèbre for regional medical marijuana advocates, and also drew attention from the state legislature. Two state senators, Nicholas Scutari, sponsor of the medical marijuana bill, and Ray Lesniak, called in October for Gov. Jon Corzine (D) to pardon Wilson. But Corzine punted, saying he preferred to wait until after Wilson's trial had finished. Now, Wilson has been sentenced to prison, Corzine's term has ended, and new Republican Gov. Chris Christie is not nearly as medical marijuana-friendly. Wronko said an appeal of the sentence was in the works.

Were You Strip-Searched After a Minor Bust in New York City Between 1999 and 2007? There Could Be $$$$ Waiting for You

As the Chronicle story below reports, New York City is about to pay yet again for unlawfully strip-searching minor offenders, including people busted for public pot possession. If this includes you, it just might behoove you to contact the law firm handling the lawsuit in question, Emery, Celli, Brinckerhoff, and Abady. Here's the story: Law Enforcement: New York City to Pay Out $33 Million for Unlawful Strip Searches For the third time in the past ten years, New York City has been forced to pay big bucks for subjecting non-violent prisoners—including minor marijuana offenders—to illegal strip searches. In a settlement announced Monday, the city announced it had agreed to pay $33 million to settle the most recent lawsuit stemming from the illegal strip searches. The settlement applies to roughly 100,000 people who were strip-searched after being charged with misdemeanors and taken to Rikers Island or other city jails. These were people who were arrested and strip-searched between 1999 and 2007. In 2001, under the Giulani administration, the city settled a similar lawsuit on behalf of 40,000 people strip-searched prior to arraignment for $40 million. In 2005, the city agreed to pay millions of dollars more to settle a lawsuit on behalf of thousands of people illegally strip-searched at Rikers and other city jails between 1999 and 2002. The most recent settlement came from a lawsuit filed in 2005 by a local law firm. In 2007, the city acknowledged wrongdoing and agreed to hire monitors to ensure that the practice was stopped. But the settlement includes at least 19 people who had been illegally strip-searched after 2007. Richard Emery, law lawyer for the plaintiffs, told the New York Times it had been settled law since 1986 that it was unconstitutional to require people accused of minor crimes to submit to strip searches. "The city knew this was illegal in 1986, they said it was illegal and they stopped in 2002, and they continued to pursue this illegal practice without justification," he said. "We hope the settlement constitutes some semblance of justice." It is expected that about 15% of those illegally strip searched, or 15,000 people, will file claims seeking damages. If that's the case, each plaintiff who files would collect about $2,000, although at least two women subjected to involuntary gynecological exams will receive $20,000. The law firm will get $3 million for its efforts. Emery said many of those strip-searched had been charged with misdemeanors like shoplifting, trespassing, jumping subway turnstiles, or failure to pay child support. Others were small-time marijuana offenders. Under New York law, pot possession is decriminalized, but the NYPD has a common practice of ordering people to empty their pockets—which you are not required to do—and then charging them with public possession of marijuana, a misdemeanor. David Sanchez, 39, of the Bronx, was one of the people strip-searched after a minor pot bust. He said he was searched twice by officers after being arrested in a stop and frisk outside a friend's apartment, but after he was arraigned and taken to Rikers Island, jail guards demanded he submit to a strip-search. "I was put into a cage and told to take off my clothes," he said Monday, describing how he had to squat and spread his buttocks. "It was horrifying, being a grown man. I was humiliated." "I don’t know why it was done," Emery said, "but it seems like it was a punishment, a way of showing the inmates who is in charge." And now the good burghers of New York City will pay yet again for the misdeeds of their public servants. Will the third time be the charm? Check back in a few years.

Were You Strip-Searched After a Minor Bust in New York City Between 1999 and 2007? There Could Be $$$$ Waiting for You

As the Chronicle story below reports, New York City is about to pay yet again for unlawfully strip-searching minor offenders, including people busted for public pot possession. If this includes you, it just might behoove you to contact the law firm handling the lawsuit in question, Emery, Celli, Brinckerhoff, and Abady. Here's the story: Law Enforcement: New York City to Pay Out $33 Million for Unlawful Strip Searches For the third time in the past ten years, New York City has been forced to pay big bucks for subjecting non-violent prisoners—including minor marijuana offenders—to illegal strip searches. In a settlement announced Monday, the city announced it had agreed to pay $33 million to settle the most recent lawsuit stemming from the illegal strip searches. The settlement applies to roughly 100,000 people who were strip-searched after being charged with misdemeanors and taken to Rikers Island or other city jails. These were people who were arrested and strip-searched between 1999 and 2007. In 2001, under the Giulani administration, the city settled a similar lawsuit on behalf of 40,000 people strip-searched prior to arraignment for $40 million. In 2005, the city agreed to pay millions of dollars more to settle a lawsuit on behalf of thousands of people illegally strip-searched at Rikers and other city jails between 1999 and 2002. The most recent settlement came from a lawsuit filed in 2005 by a local law firm. In 2007, the city acknowledged wrongdoing and agreed to hire monitors to ensure that the practice was stopped. But the settlement includes at least 19 people who had been illegally strip-searched after 2007. Richard Emery, law lawyer for the plaintiffs, told the New York Times it had been settled law since 1986 that it was unconstitutional to require people accused of minor crimes to submit to strip searches. "The city knew this was illegal in 1986, they said it was illegal and they stopped in 2002, and they continued to pursue this illegal practice without justification," he said. "We hope the settlement constitutes some semblance of justice." It is expected that about 15% of those illegally strip searched, or 15,000 people, will file claims seeking damages. If that's the case, each plaintiff who files would collect about $2,000, although at least two women subjected to involuntary gynecological exams will receive $20,000. The law firm will get $3 million for its efforts. Emery said many of those strip-searched had been charged with misdemeanors like shoplifting, trespassing, jumping subway turnstiles, or failure to pay child support. Others were small-time marijuana offenders. Under New York law, pot possession is decriminalized, but the NYPD has a common practice of ordering people to empty their pockets—which you are not required to do—and then charging them with public possession of marijuana, a misdemeanor. David Sanchez, 39, of the Bronx, was one of the people strip-searched after a minor pot bust. He said he was searched twice by officers after being arrested in a stop and frisk outside a friend's apartment, but after he was arraigned and taken to Rikers Island, jail guards demanded he submit to a strip-search. "I was put into a cage and told to take off my clothes," he said Monday, describing how he had to squat and spread his buttocks. "It was horrifying, being a grown man. I was humiliated." "I don’t know why it was done," Emery said, "but it seems like it was a punishment, a way of showing the inmates who is in charge." And now the good burghers of New York City will pay yet again for the misdeeds of their public servants. Will the third time be the charm? Check back in a few years.

The War on Drugs Is Doomed

…according to Mary Anastasia O'Grady in her latest awesome Wall Street Journal editorial. She's written basically this exact same piece a few times now, getting a bit more precise and effective with each effort. Yet, I don't doubt that O'Grady is beginning to feel like she's banging her head against a wall.

Now matter how well you do it, explaining that the entire drug war fundamentally doesn't work is going to overwhelm a lot of people. O'Grady isn’t talking about medical marijuana or sentencing reform, she's saying that our whole drug policy is completely ill-conceived and unworkable. Not everyone is capable of understanding something like that, but the number who are continues to grow and the occurrence of such arguments in the Wall Street Journal is a not a good sign for anyone hoping the drug war will be with us forever.

The case can be ignored, but it can never be refuted. The drug war isn’t going to start working one day, nor will intelligent people ever stop working to end it.